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COVID-19 Lawsuits Related to FFCRA Leave Requests A few recently filed cases illustrate the types of lawsuits employers may face. One example is Garcia v. Home Expressions, Inc., which was filed in New Jersey in February 2021. Cenia Garcia worked as a logistics coordinator and administrative assistant for her employer for approximately two years before the COVID-19 pandemic hit. She alleges that she initially worked remotely, but her employer eventually asked her to return to the office five days per week. At the time, Garcia’s three school-aged children were still attending school virtually, so she requested EFMLA leave. According to her Complaint, her employer first allowed her to continue working remotely, but then required her to report to the office two days per week and refused to pay her for days she did not report to work in-person. Garcia also alleges that she was not provided with an explanation of the FFCRA benefits and was subsequently terminated after seeking leave.

United statesNew jerseyBarbara aguilarCenia garciaFisher phillipsAguilarv national centerCurtis resort spa incHome expressions incRecovery incBiden administrationDepartment of laborFamilies first coronavirus response actObligations underThrough septemberAmerican rescue plan actNational center